| To: | Wireless Facilities, Inc. (docketing@procopio.com) |
| Subject: | TRADEMARK APPLICATION NO. 77267714 - KRATOS - 107109-15 |
| Sent: | 11/16/2007 4:14:33 PM |
| Sent As: | ECOM102@USPTO.GOV |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 77/267714
MARK: KRATOS
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CORRESPONDENT ADDRESS: |
RESPOND TO THIS ACTION: http://www.gov.uspto.report/teas/eTEASpageD.htm
GENERAL TRADEMARK INFORMATION: http://www.gov.uspto.report/main/trademarks.htm
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APPLICANT: Wireless Facilities, Inc.
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CORRESPONDENT’S REFERENCE/DOCKET NO: CORRESPONDENT E-MAIL ADDRESS: |
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PRIORITY ACTION
TO AVOID ABANDONMENT, THE OFFICE MUST RECEIVE A PROPER RESPONSE TO THIS OFFICE ACTION WITHIN 6 MONTHS OF THE ISSUE/MAILING DATE.
ISSUE/MAILING DATE: 11/16/2007
OFFICE SEARCH: The examining attorney has searched the Office records and has found no similar registered or pending mark which would bar registration under Trademark Act Section 2(d), 15 U.S.C. Section 1052(d). TMEP section 704.02.
The following issues were discussed in communication with BARRY F. SOALT on November 15, 2007.
The wording providing information technology services in the fields of military defense, intelligence, surveillance, reconnaissance, homeland security, weapon systems support and maintenance, avionics and space programs; providing design, development, deployment, integration and management of communications and information networks; providing mission critical engineering and information technology services to governmental agencies; consulting in the fields of engineering, information technology services, network engineering, range and technical services, and enterprise solutions and integration; in the identification of services is indefinite and must be clarified because it is too broad or indefinite and could include services in other international classes. TMEP §§1402.01 and 1402.03 and TMEP §1402.01. Applicant must specify the nature of the information technology services, not just the field of use, applicant must clairify the type of communications and information networks, e.g, either computer or telecommunications, specify the meaning of deployment and integration, specify the type or natrure of the network, range, technical services and enterprise solutions and integration. The term deployment is problematic because it could indicate installation services in class 037.
If there is no common commercial or generic name for the services, then applicant must describe the nature of the services as well as their main purpose, channels of trade, and the intended consumer(s).
Applicant must use the common commercial or generic names for the services, be as complete and specific as possible, and avoid the use of indefinite words and phrases. If applicant uses indefinite words and phrases such as “services in connection with,” “such as,” “including,” “and like services,” “systems,” “products,” “concepts,” or “not limited to,” such wording must be followed by “namely” and a list of the specific services identified by their common commercial or generic names. TMEP §§1402.01 and 1402.03(a).
Applicant may substitute the following wording, if accurate:
International Class 037: “Installation of computer communication and information networks”
International Class 042: “Engineering services; providing information technology services in the fields of military defense, intelligence, surveillance, reconnaissance, homeland security, weapon systems support and maintenance, avionics and space programs, namely, {specify services, e.g., integration of computer network systems}; providing design, development, integration and management of computer communications and computer information networks; providing mission critical engineering and information technology services to governmental agencies, namely, {specify services, e.g., integration of computer network systems}; consulting in the fields of engineering, information technology services, computer network engineering, computer network range and technical services, and enterprise solutions for computer network integration; on-line system management services that allow users to remotely view, monitor, program, operate and control electrical systems, environmental, access and security systems in homes, offices and buildings”
Please note: While the identification of services may be amended to clarify or limit the services, adding to the services or broadening the scope of the services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include services that are not within the scope of the services set forth in the present identification.
If applicant prosecutes this application as a combined, or multiple-class application, then applicant must comply with each of the following for those goods and/or services based on intent to use the mark in commerce under Trademark Act Section 1(b):
(1) Applicant must list the goods and/or services by international class with the classes listed in ascending numerical order. TMEP § 1403.01; and
(2) Applicant must submit a filing fee for each international class of goods and/or services not
covered by the fee already paid (current fee information should be confirmed at http://www.uspto.gov). 37 C.F.R. §2.86(a)(2); TMEP §§810 and 1403.01.
There is no required format or form for responding to this priority Office action. The Office recommends applicants use the Trademark Electronic Application System (TEAS) to respond to Office actions online at http://www.gov.uspto.report/teas/index.html. However, if applicant responds on paper via regular mail, the response should include the following information: (1) the name and law office number of the examining attorney; (2) the serial number of this application; (3) the mailing date of this Office action; and (4) applicant's telephone number.
The response should address each refusal and/or requirement raised in the Office action. If a refusal has issued, applicant may wish to argue against the refusal, i.e., submit arguments and/or evidence as to why the refusal should be withdrawn and why the mark should register. To respond to requirements, applicant should simply set forth in writing the required changes or statements and request that the Office enter them into the application record.
The response must be signed by applicant or someone with legal authority to bind applicant (i.e., a corporate officer of a corporate applicant, the equivalent of an officer for unincorporated organizations or limited liability company applicants, a general partner of a partnership applicant, each applicant for applications with multiple individual applicants, etc.). TMEP §§712 et seq.
/Anthony M. Rinker/
Trademark Examining Attorney
Law Office 102
571-272-5491
RESPOND TO THIS ACTION: If there are any questions about the Office action, please contact the assigned examining attorney. A response to this Office action should be filed using the form available at http://www.gov.uspto.report/teas/eTEASpageD.htm. If notification of this Office action was received via e-mail, no response using this form may be filed for 72 hours after receipt of the notification. Do not attempt to respond by e-mail as the USPTO does not accept e-mailed responses.
If responding by paper mail, please include the following information: the application serial number, the mark, the filing date and the name, title/position, telephone number and e-mail address of the person signing the response. Please use the following address: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451.
STATUS CHECK: Check the status of the application at least once every six months from the initial filing date using the USPTO Trademark Applications and Registrations Retrieval (TARR) online system at http://tarr.uspto.gov. When conducting an online status check, print and maintain a copy of the complete TARR screen. If the status of your application has not changed for more than six months, please contact the assigned examining attorney.